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DECREE

DECREE

Defining the functions, tasks and organizational structures of Ministries and Ministerial-level agencies

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

At the proposal of the Minister of Home Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and subjects of regulation

1. This Decree provides for the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies; the work regimes, powers and responsibilities of ministers and heads of ministerial-level agencies.

2. The specific functions, tasks and powers of ministries or ministerial-level agencies in the management of branches or domains comply with the decrees defining their functions, tasks and organizational structures.

3. The provisions in Chapter III of this Decree on organizational structures of ministries do not apply to the organizational structures of the Ministry of Defense and the Ministry of Public Security.

4. The names of ministries or ministerial-level agencies and the names of units under ministries or ministerial-level agencies shall be translated into foreign languages for international transactions under the guidance of the Ministry of Foreign Affairs.

Article 2.- Positions and functions

Ministries and ministerial-level agencies (below collectively referred to as ministries) are government agencies performing the state management of their assigned branches or domains nationwide; and the state management of public services within the branches or domains under the ministries’ state management.

Article 3.- Ministers, heads of ministerial-level agencies

1. Ministers and heads of ministerial-level agencies (below collectively referred to as ministers) are government members, heads and leaders of their respective ministries; are answerable to the Prime Minister and the National Assembly for the state management of branches or domains, and participate in activities of the Government collective; perform the state management of public services nationwide and other tasks assigned to them; and perform the tasks and exercise the powers defined in Articles 4, 6, 23, 24, 25, 26, 27 and 28 of the 2001 Law on Organization of the Government, this Decree and relevant legal documents.

2. Deputies of heads of ministries or ministerial-level agencies (below collectively referred to as vice-ministers) shall assist ministers in monitoring and directing some working aspects under the ministers’ assignment and take responsibility for their assigned tasks before the ministers.

When ministers are absent, vice-ministers authorized by their ministers shall handle on the latter’s behalf affairs of their ministries and ministers.

3. The number of vice-ministers in a ministry must not exceed four. Special cases will be decided by the Prime Minister.

Chapter II

TASKS AND POWERS OF MINISTRIES AND MINISTERS

Article 4.- With regard to legal affairs

1. To submit to the Government draft laws, draft resolutions of the National Assembly, draft ordinances and draft resolutions of the National Assembly Standing Committee; draft resolutions and decrees of the Government under the approved annual legislative programs or plans of ministries, and projects and schemes under the assignment of the Government or the Prime Minister.

2. To submit to the Prime Minister draft decisions, directives and other documents under the directing and administering jurisdiction of the Prime Minister according to law.

3. To issue decisions, directives, circulars, standards, norms, processes, regulations, techno-economic norms on management of the branches or domains under the ministries’ state management; guide and inspect the implementation of those documents.

4. To direct and organize the law propagation, dissemination and education under the ministries’ state management.

5. To examine normative documents promulgated by ministries, People’s Councils and People’s Committees of provinces or centrally run cities which are related to the branches or domains under the ministries’ state management; if detecting that regulations promulgated by those agencies show signs of contravening legal documents concerning the branches or domains managed by ministries, to handle them according to law.

Article 5.- With regard to strategies, plannings and plans

1. To submit to the Prime Minister long-term, five-year and annual development strategies, plannings and plans and important national works in the branches or domains under the deciding jurisdiction of the Prime Minister.

2. To publicize development strategies, plannings and plans after they are approved (except for matters belonging to state secrets); to direct and guide the implementation of those strategies, plannings and plans.

3. To perform socio-economic, security and defense tasks related to the branches or domains falling under the ministries’ state management.

4. To appraise, within the scope of ministries’ state management, the contents of pre-feasibility study and feasibility study reports on programs, projects and schemes in the branches or domains managed by ministries; take responsibility for the contents of these reports or projects implemented by agencies or organizations of ministries; to approve and decide on investment projects falling under the ministries’ jurisdiction according to law.

Article 6.- With regard to international cooperation

1. To submit to the Government undertakings and measures to expand relations with foreign countries and international organizations; to negotiate on, sign, ratify, approve or accede to, and measures to ensure the implementation of, international treaties in the name of the State or the Government regarding the branches or domains under the ministries’ state management.

2. To organize negotiations on and conclude treaties under competent state agencies’ authorization and organize the implementation of treaties to which Vietnam is a contracting party within the branches or domains under the ministries’ state management.

3. To conclude, and organize the implementation of, international agreements in the name of ministries according to law.

4. To participate in international organizations as assigned by the Government.

5. To organize the realization of undertakings and measures to expand international cooperation, already approved by the Government. To enter into international cooperation on branches or domains under the provisions of law; to permit attached units, foreign agencies or organizations, which are licensed by central agencies, to organize international conferences and seminars with contents related to the branches or domains under the ministries’ state management.

6. To inspect the implementation of international aid programs or projects in the branches or domains managed by ministries; to direct and organize the implementation of international aid programs and projects of ministries.

Article 7.- With regard to administrative reform

1. To decide on, and organize the implementation of, administrative reform plans of ministries under the national administrative reform programs and plans of the Government and the direction of the Prime Minister.

2. To establish and perfect the systems of institutions and laws on the branches or domains under the ministries’ state management.

3. To clearly define and perfect the functions, tasks and powers of ministries and their attached agencies or units; to streamline the organizational apparatuses of ministries towards higher rationality and fewer contacts.

4. To assign and decentralize to attached agencies or units the state management of activities of state-run enterprises and non-business units; to submit to the Government for decision the decentralization of the tasks of branch- or domain-related state management to local administrations.

5. To decide on and direct the implementation of administrative-procedure reform, covering the review, self-cancellation or rectification according to their competence or submission to competent authorities for consideration, rectification, simplification and publicity of administrative procedures in the branches or domains under the ministries’ state management.

6. To direct the realization of regulations on autonomy and accountability in the management and use of payrolls, administrative management funds, applicable to administrative agencies and on autonomy and accountability in the performance of tasks, organization of apparatuses, payroll and finance, applicable to state-run non-business units; to apply the quality control system under standard TCVN ISO 9001: 2000 to ministries’ activities.

7. To decide on, and direct the renovation of working styles, office modernization and application of information technology to ministries’ activities.

8. To report on the implementation of administrative reforms under the ministries’ state management according to regulations.

Article 8.- With regard to the state management of organizations providing public services in the branches or domains under the ministries’ state management

1. To submit to the Government for promulgation mechanisms and policies on the provision of public services; and the socialization of public services in the branches or domains under the ministries’ state management.

2. To submit to the Prime Minister plannings on networks of non-business and public service-providing organizations; conditions and criteria for the establishment of state-run non-business organizations in the branches or domains under the ministries’ state management.

3. To promulgate criteria, national technical standards, techno-economic norms and time for the provision of public services in the branches or domains according to their competence.

4. To guide, inspect and support organizations providing public services in the branches or domains under the ministries’ state management according to law.

Article 9.- With regard to the state management of enterprises, cooperatives and other collective or private economic establishments

1. To propose mechanisms and policies to encourage, support and orient the development of enterprises and cooperatives of all economic sectors within the branches or domains under the ministries’ state management.

2. To guide and inspect the implementation of regulations on conditional business and services on the list made by the Government and handle violations according to their competence.

3. To inspect and control the implementation of regulations on environmental protection, food hygiene and safety, labor hygiene and safety.

4. To promulgate base criteria and national technical standards of branches or domains according to law; to examine, inspect, and handle according to the ministries’ competence violations of goods and service quality standards according to law.

Article 10.- With regard to the state management of activities of associations and non-governmental organizations

1. To recognize the steering boards for establishment of associations or non-governmental organizations; to send written opinions to the Ministry of Home Affairs on permission to set up, merge, separate, dissolve associations or non-governmental organizations operating in the branches or domains under the ministries’ state management.

2. To guide and create conditions for associations and non-governmental organizations to participate in activities within the branches or domains under the ministries’ state management; to gather comments and accept proposals and arguments of associations and non-government organizations to perfect regulations on state management of branches or domains.

3. To examine and inspect the implementation of legal provisions on associations and non-governmental organizations operating in the branches or domains under the ministries’ state management; to handle or propose competent state agencies to handle law violations by associations or non-governmental organizations according to law.

Article 11.- With regard to organizational apparatus and payroll

1. To submit to the Government regulations on functions, tasks, powers and organizational structures of their ministries; on the establishment, re-organization and dissolution of general departments and equivalent bodies under ministries; and on autonomy and accountability mechanisms applicable to state-run non-business units in their branches or domains.

2. To submit to the Prime Minister the establishment, re-organization and dissolution of departments, bureaus, and equivalent bodies, non-business organizations serving state management work, and non-business organizations which fall under the deciding competence of the Prime Minister; regulations on functions, tasks, powers and organizational structures of general departments or equivalent bodies under ministries.

3. To decide on the establishment, re-organization and dissolution of other state-run non-business units which do not fall under the jurisdiction of the Government or the Prime Minister according to law.

4. To decide on the establishment of sections under departments, ministry inspectorates, ministry offices, and sections under bureaus under the provisions of the decrees defining the functions, tasks, powers and organizational structures of ministries, ministerial-level agencies or after getting the Prime Minister’s permission.

5. To define the functions, tasks, powers and organizational structures of departments and bureaus (except for bureaus equivalent to general departments), inspectorates, offices; to define the autonomy and accountability tasks of state-run non-business units managed by ministries.

6. To promulgate circulars or joint circulars guiding the functions, tasks, powers and organizational structures of professional agencies of People’s Committees of all levels.

7. To sum up and report on the organization of state-run administrative and non-business apparatuses of ministries and send them to the Ministry of Home Affairs according to regulations.

8. To draw up and send annual payroll plans of ministries to the Ministry of Home Affairs; to promulgate quotas on non-business payrolls in the branches or domains after consulting the Ministry of Home Affairs.

9. To decide on the assignment of non-business payrolls to organizations under ministries; to manage administrative and non-business payrolls of units managed by ministries according to law.

Article 12.- With regard to cadres, officials and public employees

1. To submit to the Prime Minister the appointment, relief from duty or dismissal of vice-ministers and holders of equivalent positions.

2. To decide on the appointment, relief from duty or dismissal of heads or deputy-heads of organizations under ministries, including general departments or equivalent agencies, bureaus, departments, inspectorates, offices and non-business organizations of ministries, and heads and deputy-heads of sections of departments, ministry offices or ministry inspectorates.

To decentralize to heads of organizations under ministries the appointment, relief from duty or dismissal of other titles of units under their respective management.

The appointment, relief from duty and dismissal of the above-mentioned leading or managerial officials of ministries comply with the regulations of the Party, the Government and the Prime Minister.

3. To define the competence and responsibilities of heads of organizations under ministries.

4. To decide on and apply specific measures to enhance administrative discipline among cadres, officials and public employees in ministries; to organize the prevention and combat of corruption, waste, red tape and authoritarianism in units under ministries.

5. To formulate and organize the implementation of plans on training and fostering of cadres, officials and public employees as well as the recruitment, employment, transfer, rotation, retirement, wage, commendation, discipline and other regimes applicable to cadres, officials and public employees managed by ministries according to law.

6. To promulgate criteria and professional standards of public-servant ranks in the branches or domains assigned or decentralized to ministries for management after obtaining the examination opinions of the Ministry of Home Affairs; to formulate professional standards of public-servant ranks in the branches or domains assigned or decentralized to ministries for management for the Ministry of Home Affairs to promulgate them; to promulgate specific professional standards of heads of professional bodies in the branches or domains managed by ministries, which are attached to provincial/municipal People’s Committees.

Article 13.- With regard to examination and inspection

1. To guide, examine and inspect the implementation of policies and laws on the branches or domains under the ministries’ state management.

2. To examine and inspect ministries, government-attached agencies and People’s Committees of all levels in the performance of their tasks in the branches or domains under the ministries’ state management.

3. To settle complaints, denunciations and petitions of organizations and citizens which are related to the branches or domains under the ministries’ state management; to organize meetings with citizens according to law.

4. To inspect and examine local administrations in effecting the decentralization of management of the branches or domains under the ministries’ state management.

Article 14.- With regard to financial and property management

1. On financial management:

a/ To submit to the Government annual budget estimates of ministries;

b/ For financial plans approved by competent authorities: The minister shall decide on the allocation, examine the spending, bear responsibility for the final settlement and may adjust in detail within the total financial revenue and expenditure limit, but may not alter the objectives of the approved plans.

c/ For financial plans managed by ministries or localities: The ministers shall examine the implementation of the approved target programs and coordinate with the ministry functioning to perform the financial state management and the ministry functioning to perform the planning and investment state management in making detailed adjustments within the scope of approved financial plans.

2. To manage and take responsibility for state properties assigned to ministries under the decentralization by the Government or the Prime Minister and the provisions of law.

Chapter III

ORGANIZATIONAL STRUCTURES OF MINISTRIES

Article 15.- Organizational structure of a ministry

1. Organizations assisting the minister in performing the state management include:

a/ Departments;

b/ The Office;

c/ The Inspectorate;

d/ Bureaus;

e/ General departments and the equivalent;

f/ The ministry’s representative offices in localities and overseas.

It is not necessary for ministries and ministerial-level agencies to be composed of all organizations defined at Points d, e and f of Clause 1 of this Article.

2. State-run non-business organizations attached to ministries

State-run non-business organizations specified in the decrees defining the functions, tasks, powers and organizational structures of ministries only include non-business organizations serving state management work and newspapers, magazines, and training and fostering establishments for ministries’ public servants and employees.

For other existing non-business organizations already set up by competent authorities, a list of those organizations shall be submitted by ministers to the Prime Minister for promulgation.

3. The number of deputy-heads of a ministry-attached organization specified in Clauses 1 and 2 of this Article must not exceed three.

4. Departments, bureaus, general departments and the equivalent specialized in the branches or domains managed by ministries are specified in the decree defining the functions, tasks, powers and organizational structures of each ministry or ministerial-level agency.

Article 16.- Departments

1. Departments are set up as advisory bodies to assist ministers in performing the function of state management of branches or domains.

2. The establishment of departments complies with the requirements that a department is assigned to perform many closely-linked tasks and that a task is not assigned to more than one department within the same organizational structure of a ministry.

3. Sections in a department may be set up on the principle that a department is assigned to advise on and synthesize many relatively independent domains. Departments allowed to set up sections are specified in the decrees defining the functions, tasks, powers and organizational structures of ministries.

4. Departments do not have their own seals; department heads are entitled to sign administrative documents related to professional activities managed by their departments and affix the ministry stamps under the ministers’ orders.

Article 17.- Ministry offices

1. A ministry office functions to assist the minister in monitoring and urging attached organizations, agencies and units to implement the ministry’s work programs and plans; and to sum up the implementation of the ministry’s work programs and plans.

2. To organize the performance of administrative, clerical and archival work; to manage material and technical foundations, assets, operation fund, ensure working facilities and conditions; to provide general services for activities of the ministry and internal administration work.

3. To perform other tasks prescribed by law or assigned by the minister.

4. The ministry office may set up sections or equivalent organizations (below collectively referred to as sections) according to the working domains under its management.

5. The ministry office has its own seal for transactions; the director of the ministry office is entitled to sign administrative documents under the authorization or the order of the minister.

Article 18.- Ministry inspectorates

1. A ministry inspectorate is set up to assist the minister in performing administrative inspection and specialized inspection falling under the ministry’s state management in accordance with the law on inspection.

2. The ministry inspectorate may set up sections.

3. The ministry inspectorate has its own seal; the chief inspector is entitled to sign administrative documents under the authorization or the order of the minister and may handle administrative violations according to law.

Article 19.- Bureaus under ministries

1. Bureaus are set up to assist ministers in intensive and stable state management work and perform the tasks of state management of the branches or domains falling under the ministries’ state management.

2. Subject to bureaus’ management are organizations and individuals involved in activities related to specialized branches or domains and governed by laws on such branches or domains; the scope of bureaus’ operation does not necessarily cover all provinces and centrally run cities.

3. The organizational structure of a bureau consists of:

a/ Sections;

b/ The Office;

c/ Attached non-business organizations (if any).

Bureaus assigned to perform the tasks and powers of state management of branches or domains decentralized in a limited manner to localities may set up local sections. Those bureaus structured with local sections will be specified in the decrees defining the functions, tasks, powers and organizational structures of their ministries. When it is necessary to set up new bureaus, the branch-managing ministries shall report to the Prime Minister for permission and assignment to the ministers to decide on the establishment.

The establishment of inspectorates under bureaus for the performance of specialized inspection complies with the law on inspection.

4. Bureaus have the legal person status, bank accounts and own seals; bureau heads are entitled to issue documents of particular application, normative documents applicable in their respective specialized branches or domains and may not issue legal documents.

5. The establishment of bureaus shall be based on their functions and tasks, follow the principle that they have their own subjects of specialized management in the branches or domains under the ministries’ state management, and complies with the provisions of law.

Article 20.- General departments and equivalent organizations under ministries

1. General departments and the equivalent (below collectively referred to as general departments) are set up to assist ministers in intensive and stable state management work and perform the tasks of state management of large and complex branches or domains which cannot be decentralized or are decentralized in a limited manner to localities and fall under the ministries’ state management.

2. Subject to a general department’s management are organizations and individuals involved in activities related to specialized branches or domains and governed by laws on such branches or domains.

3. The organizational structure of a general department consists of:

a/ Departments;

b/ The Office;

c/ The Inspectorate;

d/ Attached state-run non-business organizations.

For general departments organized and managed according to a professional hierarchy and requiring attached bureaus to be set up in localities, and general departments requiring attached bureaus with specialized management functions, the establishment of these attached bureaus shall be specified in decisions on the establishment and the regulations on functions, tasks, powers and organizational structures of such general departments.

4. General departments have the legal person status, own accounts and seals. General department heads are entitled to issue documents of particular application, internal normative documents and may not promulgate legal documents.

5. The establishment of general departments shall be based on their functions and tasks, follow the principle that they have their own subjects of specialized management in the branches or domains under the ministries’ state management, and comply with the provisions of law.

Article 21.- State-run non-business organizations under ministries

1. The establishment of state-run non-business organizations under ministries aims to serve the ministries’ state management tasks or to provide important and necessary public services to be undertaken by ministries.

State-run non-business organizations under ministries shall be set up only when the State has not yet transferred such public services to non-state organizations or such public services are not provided or cannot be provided by non-state organizations.

For branches or domains with their own plannings on networks of non-business organizations, which are already approved by competent authorities, the establishment of state-run non-business organizations must be in line with these plannings.

2. State-run non-business organizations do not have state management functions.

3. State-run non-business organizations enjoy autonomy and accountability for their tasks, organizational apparatuses, payrolls and finance as provided for by law and are subject to the state management by concerned ministries according to branches or domains.

4. State-run non-business organizations have the legal person status, own seals and accounts.

Chapter IV

WORKING REGIMES AND RESPONSIBILITIES OF MINISTERS

Article 22.- Working regimes of ministers

Ministers shall work under the regime of headship and the working regulations of the Government; ensure the principle of democratic centralism; follow the briefing and reporting regimes of ministries and attached units according to regulations; promulgate working regulations of their respective ministries, and direct and inspect the implementation of such regulations.

Article 23.- Ministers’ responsibilities towards ministries

1. Ministers have the responsibility to prepare reports to the Government, the Prime Minister for decision on settlement of matters related to the branches or domains under their ministries’ state management, which fall under the jurisdiction of the Government, the Prime Minister according to the working regulations of the Government.

2. Ministers are responsible for the quality and contents of legal documents drafted by their ministries; direct the implementation of development strategies, plannings and plans as well as work programs after they are approved by the Prime Minister; take responsibility for the efficiency of projects, programs and schemes of their ministries and the use of resources of the ministries.

3. Ministers shall decide on affairs managed by their respective ministries and take responsibility for such decisions.

4. Ministers are responsible for affairs directly managed by their respective ministries; bear joint responsibility for affairs decentralized to local administrations when they fail to fulfill their examination or inspection responsibilities, resulting in incidents, dangerous disasters, loss or great damage to assets of the State and people.

5. Ministers shall exercise the right of representatives for ownership of state capital portions at state-financed enterprises according to law.

6. Ministers, who assign their vice-ministers to settle matters falling under the ministers’ jurisdiction or authorize vice-ministers to work on and settle proposals of ministries, localities, shall bear responsibility for the decisions of the assigned or authorized vice-ministers.

Article 24.- Ministers’ responsibilities towards the Government, the Prime Minister

1. To fulfill their ministries’ functions of state management of branches or domains.

2. Not to transfer matters falling under the settling jurisdiction of their respective ministries to the Government or the Prime Minister; not to promulgate documents contrary to regulations of the Government, the Prime Minister; to report to the Prime Minister matters falling beyond their delegated competence.

3. To fulfill tasks of cabinet members according to the Government’s Work Regulation.

Article 25.- Ministers’ responsibilities towards one another

1. To observe other ministries’ regulations on state management; not to promulgate documents contrary to regulations of other ministers.

2. To assume prime responsibility for, and coordinate with ministries in, settling state management-related matters under the charge of their respective ministries, which are related to the functions of other ministries; in case of divergent opinions, to report thereon to the Prime Minister for decision.

3. Matters in legal documents submitted by a minister to the Government or the Prime Minister, which are related to other ministries, must be commented in writing by such ministers. Ministers asked to give comments shall study and give their replies within the prescribed time limit.

Article 26.- Ministers’ responsibilities towards provincial/municipal People’s Committees

1. To direct the People’s Committees to realize the approved development programs, plannings, plans and objectives related to their respective branches or domains; to handle the People’s Committees suggestions and proposals in accordance with their respective ministries’ regulations on state management of branches or domains.

2. To guide and direct the People’s Committees in professions and operations related to the branches or domains managed by their ministries.

3. To inspect People’s Committee presidents in the application of professional standards to the heads of the People’s Committees’ professional agencies for their respective branches or domains; to request People’s Committee presidents to give their written opinions on the appointment, relief from duty, commendation or discipline of heads of their respective ministries’ organizations in localities.

Article 27.- Ministers’ responsibilities towards National Assembly agencies and deputies and towards voters

1. Upon request of the National Assembly Standing Committee, the Nationality Council or National Assembly Committees, ministers shall present or supply necessary documents; minister shall send legal documents they have promulgated to the Nationality Council or National Assembly Committees, which are related to the domains falling into the charge of the Nationality Council or National Assembly Committees.

2. Ministers have the responsibility to respond to petitions of the Nationality Council and National Assembly Committees within 15 days at most, counting from the date of receiving such petitions.

3. Ministers have the responsibility to respond to questions raised by National Assembly deputies and petitions of voters on matters related to the branches or domains under their ministries’ state management.

Article 28.- Ministers’ responsibilities towards socio-political organizations

Ministers shall coordinate with heads of the Vietnam Fatherland Front, trade unions and other mass organizations in performing their respective ministries’ tasks; and create conditions for these organizations to operate and participate in formulating relevant regimes and policies.

Chapter V

IMPLEMENTATION PROVISIONS

Article 29.- Implementation effect

1. This Decree takes effect 15 days after its publication in "CONG BAO."

2. To annul the Government’s Decree No. 86/2002/ND-CP of November 5, 2002, defining the functions, tasks, powers and organizational structures of ministries and ministerial-level agencies, and previous regulations contrary to this Decree.

Article 30.- Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of provincial/municipal People’s Committees shall implement this Decree.